Delay in MK case against IEC official allegedly caught with ballot boxes frustrates members

The Pietermaritzburg magistrate's court has postponed a case against an Electoral Commission of South Africa (IEC) official allegedly caught by MK Party supporters leaving a voting station with ballot boxes during the May 29 elections.

The case against Msawenkosi Mnikathi was postponed to February 18 on Tuesday for possible trial.

Mnikathi faces a fraud charge. He was handed over to the police after being apprehended by MK Party supporters.

Hundreds of supporters gathered at the court to attend the matter but left disappointed when it was again postponed.

The MK Party's Sibusiso “Lion” Radebe told supporters outside the court they were disappointed by the delay.

“We came to court to hear our case but it was just postponed after sitting barely five minutes. This case has been postponed a number of times,” he said.

Radebe vowed they would monitor the case until the end.

“On February 18 we will be in court to hear our case.”

He thanked party members for braving the rain to attend the case.

eThekwini region MK Party Youth League convener Qiniso Cibane echoed Radebe's sentiments, saying they were tired of attending postponements.

Magistrate Edmund Szudrawski adjourned the matter to give the parties time to prepare for the case.

Mnikathi’s lawyer advocate Ashleigh Jennings earlier urged the court to withdraw the case against his client, saying the state's case was weak and there was no prospect of conviction.

There was no law dictating Mnikathi should have been accompanied by the police when leaving the station with ballot papers.

He also argued that the boxes were sealed, which meant his client had no intention to commit fraud.

However, Szudrawski said there was strong evidence against Mnikathi and dismissed the defence's application.

The defence had also argued that MK Party supporters who apprehended Mnikathi had not been trained to understand the rules governing the handling of ballot papers.

The boxes found in Mnikathi's possession were later handed to the IEC.

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